TRADE, INTELLECTUAL PROPERTY AND THE KNOWLEDGE ASSETS OF INDIGENOUS PEOPLES: THE DEVELOPMENTAL FRONTIERWednesday 8 – Friday 10 December 2010

With Keynote Speaker:

Tony Taubman, Director, Intellectual Property Division, WTO

t h e n e w z e a l a n d c e n t re o f

International Economic Law

Knowledge assets have come to play an increasingly important role in global, regional and national markets. For indigenous people their traditional knowledge is a unique and multidimensional asset. Such assets offer developmental possibilities. If these developmental possibilities are to be realised new institutional and governance approaches will have to evolve that are responsive to the needs and preferences of indigenous peoples.

This conference will discuss the linkages between trade, intellectual property, traditional knowledge assets (including traditional cultural expressions) and the development aspirations of indigenous peoples. What are the broader institutional and governance issues that will need to be considered if flourishing indigenous business enterprises based on traditional knowledge assets are to become a reality? The conference aims to share knowledge, ideas and experience of how markets and trade affect indigenous peoples and ways in which indigenous peoples might harness economic opportunities to benefit from and support their unique heritage of knowledge. The conference will have a particular focus on New Zealand, the Pacific Islands and Australia.

We are grateful to our sponsors:

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PROGRAMMEWednesday 8 December - Afternoon (Kelburn Campus) From 1.00pm: Registration Please note that there will be opportunities to register throughout

the conference.

2.00pm: Welcome Reception: Te Herenga Waka Marae, Kelburn Parade

3.30pm: Session 1 - What can intellectual property do for traditional knowledge systems? (HULT323)

Prof Peter Drahos, RegNet, Australian National University

Rules and Institutions – What property can and can’t do for TK

Dr Daphne Zografos, University of Reading The Branding of Traditional Cultural Expressions: To Whose Benefit?

Prof Ruth Okediji Innovating Around Traditional Knowledge: Culture as Intangible Property

5.30pm: Drinks Reception (Level 3, Murphy Foyer)

Thursday 9 December (Rutherford House, Pipitea Campus)8.15am: Registration

9.00am: Welcome: Prof Susy Frankel, Victoria University of Wellington Co- Director NZCIEL

9.10am: Session 1 – Perspectives from the Region Aroha Mead, Senior Lecturer, Management School, VUW Traditional Knowledge, Intellectual Property and “the Commons”

Houlton Fassau, Principal Legal Analyst, Samoa Law Reform Commission Protection of Traditional Knowledge and Expressions of Culture in Samoa.

Virginia Falk, Aboriginal lawyer Intergenerational Benefit-Sharing: The conundrum of Traditional Knowledge

IP in the reinvention of ethical and legal benchmarks in Corporate and Government responsibility

Danyl Strype, Community AdviserKei hea ngā kete mātauranga e toru o ēnei wā: Where are the three baskets of knowledge of today?

10.50am: MORNING TEA

11.20am: Session 2 – Sharing or Appropriating? Raylene Brown, Kungkas Can Cook, Alice Springs, North Territory Walking Between Two Worlds: Ancient Aboriginal Foods from a Commercial Kitchen

Jenny Cleary, Senior Research Development Manager, Centre for Rural Heath and Community Development, University of South Australia Walking in Two Worlds: Research approaches to understanding remote Aboriginal participation in the Australian bush Foods industry

Dr Jessica Hutchings, Ngai Tahu, Ngati Huirapa, Manager, Te Wahanga Protecting the knowledge taonga of Hua Parakore - A Maori Organic Standard

12.40pm: LUNCH

1.40pm: Session 3 – Country Approaches and Model Laws Dr Allan Rocha de Souza, Universidade Federal Rural do Rio de Janeiro Cultural Rights in Brazil and their Application to TCEs

Prof Peter Yu, Drake University Law School The Protection of Traditional Knowledge in China

Dr Miranda Forsyth, Researcher, Australian National University The Pacific Model Law on Traditional Knowledge and Expressions of Culture: An

Opportunity for Legal Pluralism?

Prof Conraed Visser, Head of Centre for Business Law, University of South Africa The South African Approach to Protecting Traditional Knowledge

3.20pm: AFTERNOON TEA

3.45pm: Session 4 – Medicines: Ancient but new David Claudie Kaanju, traditional owner and Chuulangun Aboriginal

Corporation Chairman; Dr Susan Semple, School of Pharmacy and Medical Science, University of South Australia; Dr Nick Smith, Nelumbo Botaniks, enthobotanist ; Bradley Simpson, School of Pharmacy and Medical Science, University of South Australia Ancient but new: Developing locally-driven enterprises based on traditional medicines in Kuuku I’yu [Northern Kaanju homelands, Cape York, Queensland, Australia]

4.45pm: Session 5 - Geographical Indications Prof Daniel Gervais, Vanderbilt University Law School Traditional Knowledge and the Ongoing Debate on the Protection of

Geographical Indications

Prof Michael Blakeney, University of Western Australia Traditional Knowledge and GIs in the Pacific

Prof Susy Frankel, Victoria University of Wellington (Commentator)

5.45pm: End Day 1

6.30pm: CONFERENCE DINNER at Zealandia

Friday 10 December9.00am: Session 1: Keynote Address Tony Taubman, Director, Intellectual Property Division, WTO

10.30am: MORNING TEA

11.10am: Parallel Sessions A and B Session 2A- Governance and Institutions Ass Prof Colin Picker, UNSW Indigenous Peoples and International Institutions, a Clash of Legal Cultures?

The Example of the WTO and Indigenous Peoples

Catherine Iorns Magallanes, Faculty of Law, VUW Indigenous Governance Structures: International Law and ‘Cultural Fit’

Dr Robert Joseph, University of Waikato

Contemporary Māori and Indigenous Governance and the Developmental Frontier

Session 2B- The Search for Alternative Models for TK Dr Luigi Palombi, ANU Three Years of Searching in the Australian Wilderness and What we discovered

Prof Natalie Stoianoff, School of Law, University of Technology, Sydney Traditional Knowledge in Australia: Can the Indian Model provide a Solution?

Dr Daniel Robinson, Lecturer, Institute of Environmental Studies, University of New South Wales Traditional Knowledge and Biological Product Derivative Patents: Benefit Sharing and Issues Relating to Camu Camu, Kakadu Plum and Açaí Plant Extracts

12.30pm: LUNCH

1.30pm: Session 3 – Collective Management Eddie Schwartz, President Songwriters Association of Canada Distributing Income to Indigenous Owner

Winston Roberts, National Library of NZ Managing trusted reservoirs of traditional knowledge

2.20pm: Session 4 - International Regimes and Globalisation Dr Silke von Lewinski The emerging international regime for traditional knowledge – how relevant to

indigenous business development?

Eva –Susanne Hendriks, Amsterdam Centre for Law and Economics University of Amsterdam Where to accommodate for Traditional Knowledge?

Prof Roger Maaka, Maori Studies, EIT Indigeneity and Globalisation

3.30pm: AFTERNOON TEA

4.00pm: Session 5 - Trade Law and Impacts Prof Christoph B. Graber, University of Lucerne Indigenous Cultural Heritage and Fair Trade: Voluntary Certification Standards

in the Light of WIPO and WTO Law and Policymaking

Maree Newson, Solicitor, Chapman Tripp Measuring what we value: Making the case for Indigenous Rights Impact

Assessment of PACER Plus

Meredith Kolsky Lewis, Co-Director NZCIEL, Victoria University of Wellington Traditional Knowledge in the WTO Context

CONFERENCE CLOSE 5.15pm

REGISTRATIONOr register online at www.victoria.ac.nz/law/centres/nzciel

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Early Bird registration (before 31 October) NZ$395

General registration NZ$425

Full-time student registration NZ$100 (ID required)

Conference Dinner NZ$95

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Please post or fax this form to:New Zealand Centre of International Economic Law Faculty of Law, Victoria University of Wellington PO Box 600, Wellington, NEW ZEALAND Phone +64-4-463 6327, Fax +64-4-463 6365Mobile +64-27-563 6327Email nzciel@vuw.ac.nz